Brett Kavanaugh today declined to say whether he thinks the 2015 Supreme Court decision, Obergefell v. Hodges, legalizing same-sex marriage nationwide was correctly decided.
— Aaron Rupar (@atrupar) September 6, 2018
His refusal to take a position is in line with a position he has taken throughout his hearing that it would be inappropriate for him to comment on case matters. Kavanaugh referred simply to Justice Kennedy’s statement that “the days of discrimination against gay and lesbian Americans are over.”
The same-sex marriage decision was authored by Justice Anthony Kennedy, whom Kavanaugh hopes to replace on the court. While Kennedy ruled favorably on several LGBT civil rights cases during his tenure, his final ruling such ruling was one that ruled in favor of a baker who refused to create a wedding cake for a gay male couple.